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Switch employee with I-140 approved on 7th year H1B

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I am on my 7th year H1B which is available till October 2016.  I have my I-140 approved with "Employer A", which I used to get the 3 year extension after 6 years.  


I have an offer from "Employer B" now.  They are ready to sponsor H1B and agreed to start my GreenCard processing immediately.  It is a product company, but the company size if pretty small and I am the only immigrant that they have to process visa and GreenCard. 


My questions are:


1. If they apply transfer for H1B, will I get for another 3 years?  I have the copy of I-140 approval (I-797) from "Employer A".  


2. Does the company size being small (~12 employees) affect the approval of H1B and GreenCard?  Is it a good thing or bad thing or doesn't matter?


3. The new position is a Director designation.  Will that help me transfer my GC from EB2 to EB1, if somewhere down the line I go out of country and work for an year and come back?  Also this position will have a good number of people working under me (if that helps).


4. I am planning not to tell "Employer A" until the H1B approval is completed.  Is that a good idea, or can I just let them know after the receipt is obtained?


5. Is there any chance there could be a problem with my new visa with "Employer B" after approval, in case "Employer A" decides to revoke the I-140?


Any help in this regard will be greatly appreciated.



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1. Yes, employer can request up to 3 yrs on the basis of approved I-140. Make sure you join "B" only after H1b xfer is approved.

2. No, size doesn't matter.

3. Might help.

4. That's a good plan to not tell until H-1b is approved.

5. Once H-1b is approved, even if "A" revokes I-140, your H-1b will not be affected.

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Thanks a lot for the information itsmeusa.  I got my Visa transfer approved and I am starting with the new company next week.  Its great to have this forum to take some stress off of people while waiting for approvals.


I have a few questions about my GC application now.  any help would be appreciated.


1. I am starting my GC process from scratch with the new employee starting next week.  So I am hoping to get to the I140 stage before next August, in case my PD becomes current by any chance.  Is that ok to start immediately, or should I wait for a couple of months with the new position?


2. When the new employer files my GC, it will have Director of Product Management.  My old petition has "Software Engineer" as the title.  Would I still be able to keep my PD or will it get reset because of the designation change?  I really hope I can keep my PD... the last thing I want is more wait.


Let me know please.



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